A Companion to Philosophy of Law and Legal Theory, Second

The articles during this re-creation of A spouse to Philosophy of legislations and criminal Theory were up to date all through, and the addition of ten new articles guarantees that the amount maintains to supply the main up to date insurance of  present pondering in criminal philosophy.

  • Represents the definitive guide of philosophy of legislation and modern criminal idea, important to a person with an curiosity in felony philosophy
  • Now good points ten completely new articles, overlaying the parts of threat, regulatory thought, technique, overcriminalization, purpose, coercion, unjust enrichment, the rule of thumb of legislations, legislations and society, and Kantian criminal philosophy
  • Essays are written by way of a world crew of top students

Content:
Chapter 1 estate legislation (pages 7–28): Jeremy Waldron
Chapter 2 agreement (pages 29–63): Peter Benson
Chapter three Tort legislations (pages 64–89): Stephen R. Perry
Chapter four felony legislation (pages 90–102): Leo Katz
Chapter five Public overseas legislations (pages 103–118): Philip Bobbitt
Chapter 6 Constitutional legislation and faith (pages 119–131): Perry Dane
Chapter 7 Constitutional legislations and Interpretation (pages 132–144): Philip Bobbitt
Chapter eight Constitutional legislation and privateness (pages 145–159): Anita L. Allen
Chapter nine Constitutional legislation and Equality (pages 160–176): Maimon Schwarzschild
Chapter 10 facts (pages 177–187): John Jackson and Sean Doran
Chapter eleven Interpretation of Statutes (pages 188–196): William N. Eskridge
Chapter 12 clash of legislation (pages 197–208): Perry Dane
Chapter thirteen common legislations idea (pages 209–227): Brian Bix
Chapter 14 criminal Positivism (pages 228–248): Jules L. Coleman and Brian Leiter
Chapter 15 American felony Realism (pages 249–266): Brian Leiter
Chapter sixteen serious criminal reviews (pages 267–278): Guyora Binder
Chapter 17 Postrealism and felony approach (pages 279–289): Neil Duxbury
Chapter 18 Feminist Jurisprudence (pages 290–298): Patricia Smith
Chapter 19 legislation and Economics (pages 299–326): Jon Hanson, Kathleen Hanson and Melissa Hart
Chapter 20 felony Formalism (pages 327–338): Ernest J. Weinrib
Chapter 21 German criminal Philosophy and concept within the 19th and 20th Centuries (pages 339–349): Alexander Somek
Chapter 22 Marxist conception of legislation (pages 350–360): Alan Hunt
Chapter 23 Deconstruction (pages 361–367): Jack M. Balkin
Chapter 24 legislations and Society (pages 368–380): Brian Z. Tamanaha
Chapter 25 Postmodernism (pages 381–391): Dennis Patterson
Chapter 26 Kantian felony Philosophy (pages 392–405): Arthur Ripstein
Chapter 27 criminal Pragmatism (pages 406–414): Richard Warner
Chapter 28 legislations and Its Normativity (pages 415–445): Roger A. Shiner
Chapter 29 legislation and Literature (pages 446–456): Thomas Morawetz
Chapter 30 the obligation to Obey the legislations (pages 457–466): M. B. E. Smith
Chapter 31 felony Enforcement of Morality (pages 467–478): Kent Greenawalt
Chapter 32 Indeterminacy (pages 479–492): Lawrence B. Solum
Chapter 33 Precedent (pages 493–503): Larry Alexander
Chapter 34 Punishment and accountability (pages 504–512): George P. Fletcher
Chapter 35 Loyalty (pages 513–520): George P. Fletcher
Chapter 36 Coherence (pages 521–538): Ken Kress
Chapter 37 The Welfare country (pages 539–547): Sanford Levinson
Chapter 38 criminal Scholarship (pages 548–558): Edward L. Rubin
Chapter 39 Authority of legislations (pages 559–570): Vincent A. Wellman
Chapter forty Analogical Reasoning (pages 571–577): Jefferson White
Chapter forty-one probability (pages 578–589): John Oberdiek
Chapter forty two Regulatory thought (pages 590–606): Matthew D. Adler
Chapter forty three method (pages 607–620): Andrew Halpin
Chapter forty four Overcriminalization (pages 621–631): Douglas Husak
Chapter forty five purpose (pages 632–641): Kimberly Kessler Ferzan
Chapter forty six Coercion (pages 642–653): supply Lamond
Chapter forty seven Unjust Enrichment (pages 654–665): Ernest J. Weinrib
Chapter forty eight the correct of the guideline of legislation (pages 666–674): Andrei Marmor

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Additional info for A Companion to Philosophy of Law and Legal Theory, Second edition

Example text

Nozick, R. 1974. Anarchy, State and Utopia. Oxford: Basil Blackwell. 27 jeremy waldron Rawls, J. 1971. A Theory of Justice. Oxford: Oxford University Press. -J. [1762] 1973. The Social Contract and Discourses, tr. G. D. H. Cole. London: J. M. Dent & Sons. Ryan, A. 1984. Property and Political Theory. Oxford: Basil Blackwell. Waldron, J. 1986. The Right to Private Property. Oxford: Clarendon Press. 28 2 Contract PETER BENSON Introduction Contemporary contract theory is characterized by the following paradoxical situation.

Scanlon, and Randy Barnett, each of whom invokes a conception of moral autonomy to explain contract law – will now be considered. Four Autonomy-Based Theories Autonomy theories view contract law as a legal institution that recognizes and respects the power of private individuals to effect changes in their legal relations inter se, within certain limits. These theories resist the reduction of contractual and promissory obligation to tort and unjust enrichment. They try to account for both the legal point of view, which continues to hold that mutual promises can be fully enforceable independent of actual enrichment or detrimental reliance, as well as the ordinary intuitive notion that rational persons can bind themselves just by promising, assuming that certain requirements (such as voluntariness) have been satisfied.

To meet the challenge of Fuller and Atiyah, however, autonomy theories must also show that their proposed justifications of promissory obligation respect the basic principle of no liability for nonfeasance. 37 peter benson In Atiyah’s terms, they must make clear the basis of the promisee’s entitlement to performance despite the promisor’s change of mind. Raz The contrast between tort and contract – and between the roles of promising and reliance in each of these – is reflected in a distinction drawn by Joseph Raz between two different conceptions of promising – the “intention” and the “obligation” conceptions of promising (Raz 1977, 1982).

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